Q: Any recourse after auto accident?
I was rear-ended in my car. There is no police report, we exchanged insurance info and went our separate ways. We have the same insurance company. The body shop says it will be more than $10,000 to repair, and the insurance company is saying they will only settle for $5,000 because of the other driver's policy limits. I do not carry collision coverage on my policy. Do I have any recourse with the insurance company? Thank you
A:
Yes, you have some options under California law. Since the other driver is at fault, their insurance should cover your damages up to their policy limits. If their policy limit is insufficient to cover your repairs, you can seek compensation through small claims court for the remaining amount.
Another option is to file a claim under your uninsured/underinsured motorist coverage if you have it, even though you don't have collision coverage. This type of coverage is designed to help in situations where the at-fault driver’s insurance is not enough to cover all the damages.
You can also consider negotiating directly with the other driver for the additional amount needed for your repairs. If these options do not provide a satisfactory resolution, consulting with a personal injury attorney might help you understand all possible legal avenues to recover your costs.
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